High Court Injunction to close Bean removal business
Dartford Borough Council has been granted an interim injunction to stop a removal business from operating illegally in Bean.
The injunction was ordered at the High Court on Thursday 19 June against the site owner, his son and persons unknown and requires the operation to cease and all facilitating equipment, such as internal and external containerised storage, to be removed within two months.
Stephen John Court, owner of the illegal business at his home at Cherwell Farm, Southfleet Road, Bean, was contacted by Dartford Council several times since February 2006 after complaints were received that HGVs were operating from the site. The injunction was served after requests to cease the operation and apply for planning permission were ignored.
Jeremy Kite, Leader of Dartford Borough Council, says,
“Local residents have had to suffer with this business operating antisocially for a long time and we have received numerous complaints relating to the site, and the HGVs that come to and from it. The owners knew they needed planning permission to operate the business and were advised of this on several occasions but they chose to ignore it and we had no option but to take action to stop it.”
An investigation was instigated in February 2006 and at a meeting in November 2006, Mr Court was advised that the business would need planning permission and reminded of an enforcement notice that was applied to the site in 1989.
Mr Court undertook to remove shipping containers and apply for planning permission by 15 January 2007 but failed to do so. Dartford Borough Council continued to receive complaints about the site after this date and council officers were refused entry to the site by Mr Court’s son on 25 April 2007.
On 16 May 2007, Enforcement Officers from Dartford Council led a multi-Agency operation at Cherwell Farm.
A number of council departments led by Planning Enforcement Officers, and supported by Kent Police and officers from VOSA, executed a search warrant obtained under the Town & Country Planning Act 1990 and the evidence gathered demonstrated that a furniture removals and storage business was present at the site which was against planning laws, Green Belt policy and the 1989 enforcement notice.
Mr Court did not respond to further correspondence in October 2007 warning that an injunction would be sought if he failed to stop operating the business and an application was made to the High Court.
The interim injunction was granted pending a full trial, after attempts by Mr Court to adjourn the trial.
Notes
The search warrant was obtained from Dartford Magistrates Court following the owner’s refusal to allow Council Officers access to his land.
Planning Enforcement Officers have powers of entry to most property without notice, but where the use of these is opposed a warrant can be sought.
